Government approves draft law to regulate the use of assisted reproductive technologies

The Cabinet of Ministers of Ukraine has approved and submitted to the Verkhovna Rada a draft law regulating key aspects of assisted reproductive technologies (ART) in Ukraine. The document defines core concepts and mechanisms, including the use of frozen reproductive material, donation of reproductive cells, surrogacy, and other infertility treatment methods.

Assisted reproductive technologies (ART) encompass a range of medical procedures to address infertility and help fulfil the dream of having a child. Since 2024, this treatment has been available free of charge in Ukraine under the Medical Guarantee Programme at healthcare facilities contracted by the National Health Service of Ukraine (NHSU).

To date, 197 children have been born in Ukraine through the state-funded infertility treatment programme using ART. The state covers all costs, and patients receive comprehensive care without additional payments at contracted medical facilities. Currently, free treatment is available at 46 healthcare facilities across 13 regions and Kyiv. Since the programme’s launch, over 5,000 Ukrainian women have started treatment, with nearly 200 becoming mothers. For 2025, more than UAH 380 million has been allocated in the state budget for the programme.

The draft law outlines the main objectives of state policy on ART, including creating conditions to boost birth rates and ensuring Ukrainians’ right to continue their lineage using modern medical technologies. It also clarifies key terms such as infertility, genetic parents, surrogate mother, and cryopreservation.

Who will be eligible for ART?

Under the draft law, adults without medical or legal restrictions will have the right to access ART. For individuals over 49, procedures will be permitted only after medical examination and approval by a panel of three doctors. ART will be prohibited for individuals stripped of parental rights, with unexpunged criminal records, deemed legally incompetent, or suffering from serious illnesses that prevent the procedures.

In vitro embryo cultivation will be allowed solely for infertility treatment when other methods have proven ineffective, and only with the written consent of the participants.

Who can become a reproductive material donor?

The draft law specifies that donors can be anonymous or non-anonymous. Anonymous donors can be:

• Women aged 20–36 with a healthy child born without congenital defects;
• Men aged 20–40 with a healthy child born without congenital defects.

Cryopreservation and storage of reproductive material

The draft law also establishes procedures for cryopreservation, storage, and disposal of reproductive material – oocytes, sperm, and in vitro embryos. Owners of reproductive material can submit a written request for cryopreservation and storage at a medical facility.

Storage of anonymous donors’ material will be funded by the healthcare facility. After the storage period ends or upon the owner’s death, the material will be disposed of unless otherwise stipulated by law or a written statement. This ensures the safety, legality, and oversight of the storage and use of reproductive material in Ukraine.

Notably, in early 2025, the Government adopted a resolution allowing military personnel, police officers, and other security forces members to access free services for the collection, cryopreservation, and storage of reproductive cells. This service is currently available at 20 healthcare facilities in Ukraine contracted by the NHSU for infertility treatment using ART. To date, 65 individuals – 64 men and 1 woman – have used this service.

Surrogacy

The draft law sets clear rules for applying ART in surrogacy cases. Married couples or single Ukrainian women with medical contraindications to pregnancy will be eligible to use this service.

A surrogate mother can be a woman aged 21–35 with her own healthy child and no direct genetic link to the embryo; for a relative of the genetic parents, the age limit may extend to 49.